We chose a Pentyrch based solicitor for my conveyancing in Pentyrch recently. Upon checking the small print I seeI am liable for fees even if the sale doesn't happen. Should I go with them or choose an on-line solicitor practice promoting no move no charge conveyancing in Pentyrch?
Generally there is a compromise along the lines that if "No Completion No Fee" is available then the conveyancing charges will tend to be be more expensive to neutralise the transactions that do not proceed. Dont forget that these deals tend not to cover expenditure such your Pentyrch conveyancing search fees.
My partner and I intend to remortgage our maisonette in Pentyrch with TSB. We have a son 18 who lives at home. Our solicitor requested us to identify anyone over the age of 17 other than ourselves who reside at the property. Our lawyer has now e-mailed a document for our son to sign, waiving any legal rights in the event that the property is forfeited by the lender. I have a couple of questions (1) Is this document specific to the TSB conveyancing panel as he never had to sign this form when we purchased 4 years ago (2) In signing this form is our son in any way compromising his right to inherit the property?
On the face of it your lawyer has done nothing wrong as it is established procedure for any occupier who is aged 17 or over to sign the necessary Consent Form, which is purely to state that any rights he has in the property are postponed and secondary to TSB. This is solely used to protect TSB if the property were re-possessed so that in such circumstances, your son would be legally obliged to leave. It does not impact your son’s right to inherit the apartment. Please note that if your son were to inherit and the mortgage in favour of TSB had not been discharged, he would be liable to take over the loan or pay it off, but other than that, there is nothing stopping him from keeping the property in accordance with your will or the rules of intestacy.
The Pentyrch conveyancing firm that just started acting on my purchase in Pentyrch have suddenly shut down. I only went with them because I had to have a lawyer on the Bank of Ireland conveyancing panel and my previous Pentyrch lawyer was not. I cut them a cheque for £250 in advance. What are my options?
Assuming that you have an Estate Agent in the equation then let them know immediately so that they can let the sellers know that there may be a slight delay due to reasons beyond your control. Most sellers would be sympathetic and urge their lawyer to send a new set of papers to your new solicitors. You should appoint new lawyers that are on the Bank of Ireland conveyancing panel and notify the lender. If you have paid over any money, it will hopefully be held by the SRA as money in an intervened firm's bank accounts is transferred to the SRA. Then, the SRA or the intervention agent looks at the intervened firm's accounts to work out who the money belongs to. To claim your money you will need to contact the SRA. If the SRA cannot return money you are owed from the firm's bank accounts, or if they can only return part of the money, you can apply to the Compensation Fund for a grant. Your new lawyers may be able to help.
Just had an offer accepted on a new build apartment in Pentyrch. Conveyancing is a frightening process at the best of times but I have never purchased a new build flat before. Can you give me some examples of some of the questions asked in new build conveyancing.
Set out below is a sample of a few leasehold new build questions that you should expect your new-build leasehold conveyancing in Pentyrch
Where there is an Undertaking being granted there is the risk of forfeiture of the Headlease subject to relief if one or more of the Underlessees are willing to accept the original Head Lessee’s obligations as otherwise relief will be denied to the Underlessees. The only alternatives are the Head Lessor agreeing not to forfeit the Headlease or the Head Lessee guaranteeing to the Underlessees that it will not be in breach of the Headlease. Please confirm the Lease plans are surveyor prepared. If there are lifts in the building, please confirm that the owners of flats on the ground and basement floors will not be required to contribute towards the cost of maintenance and renewal. Where service of notices and proceedings can be at the property demised please confirm that this can be amended to include simultaneous services at the Lessees’ solicitors’ offices where the Lessee from time to time is not resident in the UK - such solicitors may be varied by notice in writing to the Landlord from time to time but otherwise will be as previously specified.
I opted to have a survey completed on a house in Pentyrch ahead of appointing lawyers. I have been informed that there is a flying freehold overhang to the property. The surveyor advised that some lenders will not grant a mortgage on such a home.
It varies from the lender to lender. Santander has different instructions from Halifax. If you contact us we can check with the appropriate mortgage company. If you lender is happy to lend one our lawyers can assist as they are used to dealing with flying freeholds in Pentyrch. Conveyancing may be slightly more expensive based on your lender's requirements.
Would local authority permission be needed to convert a house into multiple flats in Pentyrch? This has been done to a house adjacent to my home in Pentyrch and was ignorant of the conversion until it was complete.
Planning permission is required for converting a single dwelling in Pentyrch into apartments but possibly not for reverting back to single dwelling-house so, in answer to your query, yes.